Michigan Proposal 08-1, Use and Growth of Medicinal Marijuana Initiative (2008)

Michigan Proposal 08-1
Election date November 4, 2008
Topic Marijuana laws
Status Approved
Type Indirect initiated state statute	Origin Citizens

Michigan Proposal 08-1 was on the ballot as an indirect initiated state statute in Michigan on November 4, 2008. It was approved.

A “yes” vote supported permitting the use and growth of marijuana for medicinal purposes, with certain restrictions.

A “no” vote opposed permitting the use and growth of marijuana for medicinal purposes, with certain restrictions.

Aftermath

Proposed legislation

In January 2010 Michigan lawmakers, mostly Republicans according to reports, said they were planning on changing the approved measure because it requires "clarification to ensure there's enough oversight of the research and marijuana use the ballot measures allowed." Lawmakers supporting the changes argued that the legislation is not an attempt to end the supply of marijuana to current patients but instead to implement a process to inspect marijuana growers and verify they're staying within their 12-plant limit. Medical marijuana supporters, however, said that they feared that the new legislation could undermine the goal of the voter-approved Proposal 1.

In late August 2010 Rep. Rick Jones introduced House Bill 6394. The bill was designed to prohibit the organization of a "marijuana club" or "marijuana bar." The bill, however, was one of at least seven bills introduced in the Michigan Legislature to create new rules regarding medical marijuana.

In late June 2011 Rep. John Walsh, Attorney General Bill Schuette and other lawmakers re-introduced the need for reform. Walsh argued that confusion about the law cost taxpayers money. The law, he said, was unevenly enforced by prosecutors, law enforcement, and judges. Walsh and House Republicans announced that they planned to further discuss the matter in Fall 2011 and 2012. Proposed changes included: prohibiting patient-to-patient transaction; requiring plants to be enclosed, requiring locked facilities, allowing access of medical marijuana patient registries to law enforcement; clarifying zoning guidelines.

Local moratoriums

During Summer 2010, some local governments including the Battle Creek City Commission approved a six-month moratorium on new medical marijuana operations while officials considered future regulations. According to reports in December 2010, city officials considered zoning and licensing laws.

Michigan Supreme Court hearings

As of July 2015, the Michigan Supreme Court had ruled on cases regarding Proposal 1 nine times. The cases, including criminal cases, were brought involving medical marijuana caregivers and patients and law enforcement entities. In the ninth ruling, Justice Brian Zahra wrote, "The many inconsistencies in the law have caused confusion for medical marijuana caregivers and patients, law enforcement, attorneys and judges and have consumed valuable public and private resources to interpret and apply it."

Storage of marijuana plants

On June 28, 2011 Michigan Attorney General Bill Schuette issued an opinion regarding the storage of marijuana plants in an effort to further clarify the 2008 approved measure. According to reports, the marijuana law allowed for patients to grow up to 12 plants and caregivers with permits to grow up to 12 for each of their five patients. However, Schuette said in his issued opinion that plants for each of caregivers patients must be stored in separate locked storage facilities. The opinion was effective June 28, 2011, and, according to the attorney general, was up to local prosecutors to enforce.

Election results

Michigan Proposal 08-1
Result		Votes	Percentage
Yes		3,006,820	62.67%
No		1,790,889	37.33%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Proposal 08-1 was as follows:

“

PROPOSAL 08-1 A LEGISLATIVE INITIATIVE TO PERMIT THE USE AND CULTIVATION OF MARIJUANA FOR SPECIFIED MEDICAL CONDITIONS The proposed law would: Permit physician approved use of marijuana by registered patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health. Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility. Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana. Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana. Should this proposal be adopted? Yes No

”

Full Text

The full text of this measure is available here.

Supporters

The official ballot Committee in support of the initiative was the Michigan Coalition for Compassionate Care (MCCC). Former state representative Dianne Byrum (D) is chairwoman of the coalition.

In February 2008, delegates at the Michigan Democratic Party Convention unanimously passed a resolution in favor of protecting patients from arrest.

Voters in five Michigan cities had passed local medical marijuana initiatives: Ann Arbor, Detroit, Ferndale, Flint, and Traverse City.

Other supporting organizations

• Marijuana Policy Project
• National Organization for the Reform of Marijuana Laws (NORML)
• National Organization for the Reform of Marijuana Laws (NORML) - Michigan Chapter
• StoptheDrugWar.com
• American Academy of HIV Medicine
• American Bar Association
• American College of Physicians
• American Nurses Association
• American Public Health Association
• Aids Action Council
• Leukemia and Lymphoma Society
• Lymphoma Foundation of America
• National Association of People With Aids
• National Association of Attorneys General

Opponents

• Citizens Protecting Michigan’s Kids
• Michigan Court of Appeals Judge Bill Schuette
• Oakland County Sheriff Mike Bouchard
• Milton Abraham Agay, president of the West Michigan Association of Chief's of Police.
• Scott Burns, U.S. deputy drug czar

Campaign funding

The biggest donor to the campaign, as of campaign finance reports filed for the first quarter of 2008, is the Marijuana Policy Project, which had contributed $1,240,460.07 at that time.

Below is information on the amount of funds raised for and against Proposal 1:

Ballot measure committee	Total
Michigan Coalition for Compassionate Care (for)	$2,013,393
Citizens Protecting Michigans Kids (against)	$304,031

Path to the ballot

See also: Signature requirements for ballot measures in Michigan

An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.

While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.

In Michigan, the number of signatures required for an indirect initiated state statute is equal to 8% of the votes cast in the last gubernatorial election. As an indirect process, the Legislature has 40 days to adopt the initiative after signatures are certified. Otherwise, a simple majority vote is required for voter approval.

See also

2008 Measures

• 2008 Measures
• Marijuana laws on the ballot
• 2008 legislative sessions

Michigan

• Michigan ballot measures
• Michigan ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Michigan Department of State, "Initiatives and Referendums Under the Constitution of the State of Michigan of 1963," December 5, 2008